[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Notices]
[Page 79163-79165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-142]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-354]
PSEG Nuclear LLC; Notice of Consideration of Issuance of
Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-57, issued to PSEG Nuclear LLC (PSEG or the licensee), for
operation of the Hope Creek Generating Station (Hope Creek) located in
Salem County, New Jersey.
The proposed amendment would provide a one-time change to Technical
Specification (TS) 4.8.1.1.2.h.14 to allow the testing of Hope Creek's
emergency diesel generator (EDG) lockout relays to be performed at
power until startup from its eleventh refueling outage (spring 2003).
The current TS surveillance requirement (SR) only allows the EDG
lockout relays to be tested during shutdown conditions. Approval and
implementation of the proposed TS change would allow the testing that
has been completed to be used to comply with TS 4.8.1.1.2.h.14.
PSEG has requested that the proposed TS change be issued on an
exigent basis in accordance with Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.91(a)(6). On December 12, 2002, all 4
Hope Creek EDGs were declared inoperable at 1:07 p.m. due to the
licensee's failure to fully comply with TS SR 4.8.1.1.2.h.14.a. PSEG
invoked TS 4.0.3, thus permitting 24 hours to complete the required
surveillance activities. The SR that was not met required the licensee
to demonstrate that the EDG differential current and low lube oil
pressure could independently provide trip and lockout inputs to the
lockout relay 86R. TS 4.8.1.1.2.h requires this test to be performed
during shutdown conditions. At 11:20 a.m. on December 13, 2002, PSEG
invoked TS 4.0.3 when it determined that portions of SRs
4.8.1.1.2.h.14.b (backup relay 86B) and 4.8.1.1.2.h.14.c (breaker
failure relay 86F) were missed for EDG ``A'' and EDG ``C.'' TS 4.0.3
allows the licensee to complete missed surveillance tests within a 24-
hour period following discovery that a SR was not done. On December 13,
2002, PSEG requested that the NRC exercise discretion in accordance
with Section VII.C of the ``General Statement of Policy and Procedures
for NRC Enforcement Actions'' (Enforcement Policy), NUREG-1600, by
granting a Notice of Enforcement Discretion (NOED). At the time of the
NOED request, the licensee was conducting portions of testing to meet
4.8.1.1.2.h.14.b and 4.8.1.1.2.h.14.c. Because TS 4.8.1.1.2.h currently
requires that these tests be performed during shutdown conditions and
the time to Hope Creek's next scheduled outage would exceed the non-
compliance period beyond 14 days, PSEG further requested a one-time
change to TS 4.8.1.1.2.h under exigent circumstances. Approval of this
one-time TS change would allow testing recently conducted during power
operations to satisfy the SR on the EDG lockout relays.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR 50.92, this means that operation of
the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. The proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
This request is only administrative in nature. Portions of the
protective Emergency Diesel Generator (EDG) lockout function testing
required by Technical Specification (TS) 4.8.1.1.2.h.14 were
discovered to have been missed and have since been satisfactorily
performed during power operation. The provision of TS 4.8.1.1.2.h
that requires testing be performed during shutdown precludes PSEG
from taking credit for the on-line testing to meet the surveillance
requirement. The scope of this amendment request is to enable PSEG
to take credit for the testing that has been performed at power to
satisfy TS 4.8.1.1.2.h.14. The requested amendment applies on a one-
time basis until the next refueling outage. The change is
administrative and cannot affect the initiation of any accident, nor
does it affect the capability of the EDGs to fulfill their design
basis accident functions.
Therefore, the request does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
2. The proposed amendment does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The request is only administrative in nature in that
surveillance requirement 4.8.1.1.2.h requires the surveillance to be
performed during shutdown. The operability of the EDG lockout
functions has been satisfactorily demonstrated; however the
surveillance requirement as presently written cannot be
administratively completed due to the shutdown conditions identified
in the surveillance requirement. Since no physical changes are being
made to the plant and there are no changes being made to the
operation of Hope Creek, this request does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. The proposed amendment does not involve a significant
reduction in a margin of safety.
The operability of the EDG lockout functions has been
satisfactorily demonstrated, however the surveillance
[[Page 79164]]
requirement as written cannot be administratively completed due to
the shutdown conditions identified in the surveillance requirement.
Since there is no impact to the ability of the EDG's to function
during a design basis accident, this request does not involve a
significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
By January 27, 2003, the licensee may file a request for a hearing
with respect to issuance of the amendment to the subject facility
operating license and any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene. Requests for a hearing and a petition for leave to intervene
shall be filed in accordance with the Commission's ``Rules of Practice
for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested
persons should consult a current copy of 10 CFR 2.714,\1\ which is
available at the Commission's Public Document Room, located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland, and available electronically on the Internet at the NRC Web
site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request
for a hearing or petition for leave to intervene is filed by the above
date, the Commission or an Atomic Safety and Licensing Board,
designated by the Commission or by the Chairman of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the designated Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order.
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714(d), please see 67 FR 20884; April 20,
2002.
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As required by 10 CFR 2.714, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following factors: (1) the nature of the petitioner's right under the
Act to be made a party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any order which may be
entered in the proceeding on the petitioner's interest. The petition
should also identify the specific aspect(s) of the subject matter of
the proceeding as to which petitioner wishes to intervene. Any person
who has filed a petition for leave to intervene or who has been
admitted as a party may amend the petition without requesting leave of
the Board up to 15 days prior to the first prehearing conference
scheduled in the proceeding, but such an amended petition must satisfy
the specificity requirements described above.
Not later than 15 days prior to the first prehearing conference
scheduled in the proceeding, a petitioner shall file a supplement to
the petition to intervene which must include a list of the contentions
which are sought to be litigated in the matter. Each contention must
consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner shall provide a
brief explanation of the bases of the contention and a concise
statement of the alleged facts or expert opinion which support the
contention and on which the petitioner intends to rely in proving the
contention at the hearing. The petitioner must also provide references
to those specific sources and documents of which the petitioner is
aware and on which the petitioner intends to rely to establish those
facts or expert opinion. Petitioner must provide sufficient information
to show that a genuine dispute exists with the applicant on a material
issue of law or fact. Contentions shall be limited to matters within
the scope of the amendment under consideration. The contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to file such a supplement which satisfies these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing, including the opportunity to present evidence and cross-
examine witnesses.
If the amendment is issued before the expiration of the 30-day
hearing period, the Commission will make a final determination on the
issue of no significant hazards consideration. If a hearing is
requested, the final determination will serve to decide when the
hearing is held.
If the final determination is that the amendment request involves
no significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment.
If the final determination is that the amendment request involves a
significant hazards consideration, any hearing held would take place
before the issuance of any amendment.
A request for a hearing or a petition for leave to intervene must
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, or may be delivered to the Commission's
[[Page 79165]]
Public Document Room, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, by the above date. Because of
continuing disruptions in delivery of mail to United States Government
offices, it is requested that petitions for leave to intervene and
requests for hearing be transmitted to the Secretary of the Commission
either by means of facsimile transmission to 301-415-1101 or by e-mail
to hearingdocket@nrc.gov. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and because of continuing disruptions in delivery of mail
to United States Government offices, it is requested that copies be
transmitted either by means of facsimile transmission to 301-415-3725
or by e-mail to OGCMailCenter@nrc.gov. A copy of the request for
hearing and petition for leave to intervene should also be sent to
Jeffrie J. Keenan, Esquire, Nuclear Business Unit--N21, P.O. Box 236,
Hancocks Bridge, NJ 08038, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
petitions, supplemental petitions and/or requests for hearing will not
be entertained absent a determination by the Commission, the presiding
officer or the presiding Atomic Safety and Licensing Board that the
petition and/or request should be granted based upon a balancing of the
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the
application for amendment dated December 17, 2002, which is available
for public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the Agencywide Documents Access and Management
System's (ADAMS) Public Electronic Reading Room on the Internet at the
NRC Web site http://www.nrc.gov/reading-rm/adams.html. Persons who do
not have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS, should contact the NRC PDR Reference staff
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 20th day of December 2002.
For the Nuclear Regulatory Commission.
Robert J. Fretz,
Project Manager, Section 2, Project Directorate I, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-32698 Filed 12-26-02; 8:45 am]
BILLING CODE 7590-01-P